ABSTRACT
The trial of indictable matters in the High Court is initiated by the filing of an indictment.1 The indictment is an essential preliminary step to commence indictable trial (in the High Court): Da Costa v R (1990) 38 WIR 201, PC. The actual trial only commences with the arraignment2 of the accused. Institution of proceedings with a view to trial on indictment is accomplished by means of filing a charge before the magistrate who may commit the accused person after committal proceedings or, in some jurisdictions, by preferring a voluntary bill of indictment.3 The trial of an indictable matter itself must be initiated in the High Court and this is by way of indictment, or information as it is called in the Bahamas. After the indictment is filed, a copy is served on the defendant and statute specifies this must be done at least a few days before the trial date. A copy of the record of the preliminary enquiry proceedings will also be served on the defendant. On the day fixed for trial, the defendant appears, usually represented at this level, and at that stage preliminary issues are in general dealt with before the arraignment of the accused person. Upon arraignment, the accused will plead, and it is at this stage that the trial begins: Da Costa (above), p 208.
